Commentary: Rafique v Amin

Holligan, Bonnie (2019) Commentary: Rafique v Amin. In: Scottish Feminist Judgments (Re)Creating Law from the Outside In. Hart Publishing (Bloomsbury), Oxford, pp. 234-237. ISBN 9781509923267

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Abstract

Rafique v Amin is one of the few reported cases to address the use and management of property that is owned in common. While not an obviously gendered dispute, it nevertheless involves a number of issues fundamental to feminist theory, in particular, notions of identity and autonomy and the role of property rules in mediating between individual and collective interests. In Scots law, property owned by multiple individuals is often held as common property. This is similar to the English concept of the equitable tenancy in common, in that each owner is treated as having a distinct and separable share in an undivided whole. Debate in Rafique occurs within the context of an antipathy towards the very idea of common property that is embedded within Scots legal doctrine.

Item Type: Book Section
Keywords: Feminism, property law, Scotland
Schools and Departments: School of Law, Politics and Sociology > Law
Subjects: K Law > K Law in General. Comparative and uniform Law. Jurisprudence > K0201 Jurisprudence. Philosophy and theory of law
K Law > K Law in General. Comparative and uniform Law. Jurisprudence > K0520 Comparative law. International uniform law > K0600 Private law
K Law > K Law in General. Comparative and uniform Law. Jurisprudence > K7000 Private international law. Conflict of laws > K7200 Property
K Law > KD Law of the United Kingdom and Ireland > KDC Scotland
Depositing User: Bonnie Holligan
Date Deposited: 05 Feb 2020 09:44
Last Modified: 13 Feb 2020 08:07
URI: http://sro.sussex.ac.uk/id/eprint/89751

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